Writ Petition No. 15227 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:23236 WP No. 15227 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 15227 OF 2024 (GM-KSR) BETWEEN: 1. CHAMARAJANAGARA TALUK VAKEELARA SANGA LAW COURT PREMISES, CHAMARAJANAGARA, REP. BY ITS PRESIDENT, K. M. SREENIVASA MURTHY, AGED ABOUT 55 YEARS, ADVOCATE, CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR-571 313. REGISTERED UNDER SOCIETY REGISTRATION ACT.
Legal Reasoning
(BY SRI. RAVINDRANATH KAMATH, SENIOR ADVOCATE FOR SRI. PRASANNA KUMAR B., ADVOCATE) …PETITIONER AND: 1. THE KARNATAKA STATE BAR COUNCIL OLD ELECTION COMMISSION BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560 001. REP. BY ITS SECRETARY. 2. VEERASHIYIVA VAKEELARA KSHEMABHIVRUDHI SANGA P. N. BUILDING, NEAR LAW COURT PREMISES Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:23236 WP No. 15227 of 2024 HC-KAR CHAMARAJANAGAR, REP. BY ITS PRESIDENT, SHRI. Y. M. JAGADEESH, AGED ABOUT 58 YEARS, ADVOCATE, CHAMARAJANAGAR-571 313. 3. 4. JILLA VAKEELARA SANGA COURT COMPLEX, BAR ASSOCIATION CHAMARAJANAGARA DISTRICT, COURT PREMISES, REP. BY ITS PRESIDENT, SHRI. INDUSHEKARA, ADVOCATE, AGED ABOUT 50 YEARS, CHAMARAJANAGAR-571 313. JILLA PARISHISTA JAATHI KSHEMABHIVRUDHI SANGA 1ST FLOOR DISTRICT ADVOCATES ASSOCIATION BUILDING, CHAMARAJANAGAR, REP. BY ITS PRESIDENT, SHRI. NAGANNA, AGED ABOUT 50 YEARS, ADVOCATE, CHAMARAJANAGARA-571 313. 5. SARVA SADASYARA VAKEELARU VAKEELARA SANGA LAW COURT PREMISES CHAMARAJANAGAR DISTRICT, COURT BUILDING, REP. BY ITS PRESIDENT, SHRI. S. NANJAIAH, AGED ABOUT 55 YEARS, ADVOCATE, CHAMARAJANAGARA-571 313. - 3 - NC: 2025:KHC:23236 WP No. 15227 of 2024 HC-KAR 6. THE DISTRICT LEGAL SERVICES AUTHORITY LEGAL AID SERVICE BUILDING LAW COURT PREMISES, CHAMARAJANAGARA DISTRICT, REP. BY ITS MEMBER SECRETARY, CHAMARAJANAGARA-571 313. 7. H. N. LOKESHA AGED ABOUT 51 YEARS, ADVOCATE, BAR ASSOCIATION BUILDING, CHAMARAJANAGARA, LAW COURT PREMISES AND THE ELECTION COMMISSIONER, SARVA VAKEELARA SANGA BAR ASSOCIATION BUILDING, CHAMARAJANAGARA-571 313. 8. R RANGASWAMY AGED ABOUT 42 YEARS ADVOCATE BAR ASSOCIATION BUILDING CHAMARAJANAGARA LAW COURT PREMISSES AND THE SECRATORY SARVA VAKEELARA SANGA BAR ASSOCIATION BUILDING CHAMARAJANAGARA-571 313. 9. RAMESH C C AGED ABOUT -- YEARS ADVOCATE BAR ASSOCIATION BUILDING CHAMARAJANAGARA LAW COURT PREMISES AND THE JOINT SECRETARY SARVA VAKEELARA SANGA BAR ASSOCIATION BUILDING CHAMARAJANAGARA-571 313. - 4 - NC: 2025:KHC:23236 WP No. 15227 of 2024 HC-KAR 11. YOGESH B AGED ABOUT 38 YEARS ADVOCATE BAR ASSOCIATION BUILDING CHAMARAJANAGARA LAW COURT PREMISES AND THE JOINT SECRATORY SARVA VAKEELARA SANGA BAR ASSOCIATION BUILDING CHAMARAJANAGARA 571 313. 12. VIDHYALATHA B AGED ABOUT 49 YEARS ADVOCATE BAR ASSOCIATION BUILDING CHAMARAJANAGARA LAW COURT PREMISES AND THE EXECUTIVE COMMITTEE MEMBER SARVA VAKEELARA SANGA BAR ASSOCIATION BUILDING CHAMARAJANAGARA- 571 313. 13. JAYAPRAKASH B G AGED ABOUT 55 YEARS ADVOCATE BAR ASSOCIATION BUILDING CHAMARAJANAGARA LAW COURT PREMISES AND THE EXECUTIVE COMMITTEE MAMBER SARVA VAKEELARA SANGA BAR ASSOCIATION BUILDING CHAMARAJANAGARA-571 313. 14. SHIVAKUMAR M R AGED ABOUT -- YEARS ADVOCATE BAR ASSOCIATION BUILDING CHAMARAJANAGARA LAW COURT PREMISES AND THE EXECUTIVE COMMITTEE MEMBER SARVA VAKEELARA SANGA - 5 - NC: 2025:KHC:23236 WP No. 15227 of 2024 HC-KAR BAR ASSOCIATION BUILDING CHAMARAJANAGARA-571 313. (R7 TO R14 ARE DELETED PURSUANT TO THE ORDER DATED 30.6.2025) 15. THE DISTRICT REGISTRAR OF SOCIETIES CHAMARAJANAGAR (AMENDED VIDE COURT ORDER DATED 30.6.2025) …RESPONDENTS (BY SRI. G NATARAJ., ADVOCATE FOR R1; SMT. ARCHANA MURTHY P, ADVOCATE FOR R2; SRI. ANANTHARAM G R, ADVOCATE FOR R3, R5 AND R8 TO R14; SRI. PRAKASH SHETTY, ADVOCATE FOR R7; R4 SERVED; SRI. MOHAMMED JAFFAR SHAH, AGA FOR R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ANNEXURE E UN-REGISTERED ADVOCATES ASSOCIATION FOR NOT ADOPTING THE BAR COUNCIL NORMS, NOT PROVIDING ITS MEMBERSHIP LIST AND FOR NOT ADOPTING THE WELFARE MEASURES FOR THE WELL- BEING OF THE ADVOCATES WHO ARE PRACTICING IN THE BAR ASSOCIATION, VIDE ITS ANNEXURE-E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV - 6 - NC: 2025:KHC:23236 WP No. 15227 of 2024 HC-KAR ORAL ORDER The memorandum of Compromise Petition under Order 23 Rule 3 read with Section 151 of CPC and read with Rule 39 of the Writ Proceedings Rules has been filed. 2. The settlement is arrived at between the petitioner and respondent Nos.2 to 5. It reads as follows:- " MEMORANDUM OF COMPROMISE PETITION UNDER ORDER 23 RULE 3 AND SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 R/W. RULE 39 OF THE WRIT PROCEEDINGS RULES Petitioner and the respondents 2 to 5 herein humbly submit as follows: - 1. In the above writ petition, at the request of both partiers, the hon'ble Court by order dated 10-03-2025 was pleased to appoint the learned counsel, Mr. H.C. Shivaramu, Advocate as a Mediator to mediate amongst the warring factions, resolve the issues interse and submit a report. The said learned counsel visited Chamarajanagar on 17-04-2025, held meetings with the petiointer (sic) and the respondents 2 to 5 herein and their represetnatives (sic) and the members of the BAR at Chamarajangar. After negotiations and persuasions, the matter was amicably resolved as under: 2. On the suggestion of Mr.Shivaramu, a committee of 14 senior members of fraternity at Chamarajanagar comprised of representatives from the petitioner and respondents 2 to 5 hereinwas constituted which has thoroughly gone through the byelaws of the Respondnet (sic) No.3, suggested amendments thereto to be in conformity with those required by law. legal the 3. All the members of the BAR irrespective of caste, creed and community, were invited to become members - 7 - NC: 2025:KHC:23236 WP No. 15227 of 2024 HC-KAR of the Respondent No.3 which is the District BAR Association (JillaVakeelaraSangha) which already been constituted and registered as such, with has already been the Registrar of Societies vide registration No.DRCJ/SOR/131/2018-2019 on 12-12-2019 who is arrayed as the Respondent No.3 herein. All the members of the BAR at Chamarajanagar including the representatives have parties herein and their the to retain unanimously resolved and agreed Respondent No.3 which the is also arrayed as Respondent No.5 herein as, SarvaSadasyara Vakeelara Sangha. All the members of the BAR, Chamarajanagar district, who are yet to become members thereof shall enrol themselves as members thereof. The name of the single BAR Association that is agreed to be retained shall continue with the title, "Jilla VakeelaraSangha, vide Chamarajanagar" registration No.DRCJ/SOR/131/2018-2019 on 12-12- 2019. In consequence, hereof, the Respondent No.5 is a misnomer and does not exist in law and on facts. registered having been
Decision
4. It has been further unanimously resolved to dissolve/wind-up all other associations including the petitioner, registered on 07-02-2023, the respondent No.2 registered on 20-01-2015 and the Respondent No.4 registered on 11-09-2019 with immediate effect and they all shall cease to have any legal existence hereafter. The dissolution of the petitioner, respondents 2 and 4 herein, shall be intimated to the Registrar of Societies within 1 week from the final order that may be passed in the writ petition. 5. The said Committee has formulated the common byelaws as is required by the Advocates Welfare Fund Act and the Rules, a true copy of which is herewith produced for perusal of the hon'ble Court. The same has already been adopted by way of amendment to the Bye- laws of the Respondent No.3 herein. Both parties hereby agree and undertake to submit the amendment to the memorandum of association and the byelaws of the Respondent No.3 along with the affidavits to the District Registrar who is also the Registrar of Societies, Chamarajanagar for its registration within one month from the date of the final order that may be passed by the hon'ble Court in pursuance hereof. - 8 - NC: 2025:KHC:23236 WP No. 15227 of 2024 HC-KAR 6. The petitioner and the Respondent No.3 herein humbly request the hon'ble Court to direct the Respondent No.1 to recognise the Respondent No.3 herein as the sole registered BAR Association of Chamarajanagar district for achieving its objects, viz.., the welfare of members of the BAR of Chamarajanagar district, in accordance with law. 7. All the parties herein, viz., the petitioner and the respondent 3 and their representatives who all have now unified into one single association, i.e., the Respondent No.3 herein, undertake to co-operate with each other and hold elections for the office of the office bearers of the Respondent No.3 after notifying all its current members and those who may join hereafter, in accordance with law and the amended byelaws, within 3 months from the date of final order that may be passed in the above writ petition and submit the same to the Respondent No. 1 herein. 8. All the office records including accounts of the Respondent No.3 that may be in the custody of the Petitioner shall be handed over forthwith to the Respondent No.3 enabling it to carry out the day to day activities and for proper maintenance of records of the Association and its members. 9. Each of the signatories to this compromise petition on behalf of the petitioner, the respondents 2 to 5 herein, are duly authorised to represent and act on their respective behalf and the terms herein agreed are all binding on the petitioner and respondents 2 to 5 herein and all their representatives, members whomsoever. 10. All the parties to the compromise herein, do hereby declare that the settlement herein arrived at amongst them is of their volition, and free consent, without any coercion or undue influence by any person." - 9 - NC: 2025:KHC:23236 WP No. 15227 of 2024 HC-KAR 3. All the parties to the lis in the form of Associations are present before the Court through their representatives. 4. In terms of the settlement, the parties request a direction to respondent No.1 to recognize respondent No.3 Jilla Vakeelara Sangha as the sole recognized Bar Association for Chamarajanagar District. 5. It is made out from the settlement that the Bye-laws of proposed respondent No.3 would be submitted to the District Registrar of Societies, Chamarajanagar. Upon District Registrar of Societies accepting the Bye-laws that are submitted in terms of the settlement, except respondent No.3, all other Associations would be deemed as not representing the entity of the legal community. 6. Once the Bye-laws of respondent No.3 are approved by the District Registrar of Societies in terms of the settlement, the other Associations would no longer have any recognition or legal existence henceforth. - 10 - NC: 2025:KHC:23236 WP No. 15227 of 2024 HC-KAR 7. It is noticed that Sri H.C.Shivaramu, learned counsel has made efforts to bring about a consensus amongst the petitioner and respondent Nos.2 to 5. It is made clear that, if in case of any obstacle in the settlement coming into effect, Sri H.C.Shivaramu would be requested to interfere and sort out the differences. 8. The efforts of learned counsel Sri H.C.Shivaramu in bringing about the settlement is appreciated and placed on record. With the above observations in terms of the settlement extracted hereinabove, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR